Pennington v. State

OPINION

THORNE, Jr., Judge:

T1 Wade R. Pennington appeals from the habeas court's1 denial of his petition for *43post-conviction relief pursuant to Utah's Post-Conviction Remedies Act (PCRA). See Utah Code Ann. §§ 78-85a-101 to -304 (2002). We reverse.

11 2 Pennington was originally sentenced to multiple terms of zero to five years imprisonment for felony convictions occurring in June 2001. Those prison terms were suspended and Pennington was placed on three years probation. Pennington promptly violated the terms of his probation and on November 19, 2001 the sentencing court revoked his probation.…